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can anyone advise me i have firstly had a contract with 3 for 18 months then renewed the contract in sept 07 had a new phone but it kept turning off when i felt like it and lost network coverage sent it back for repair and recieved it back 4 days later but still no network coverage phoned up 3 and sent phone back but before sending the phone back spoke to the techincal guys and was told that phone has a known problem well on friday they said they would replace the phone with another one the same model i told them what is the point as there is a known problem and agreed to a diferent model to be delivered today well rang up 3 this morning and am now being told i am not getting a new phone.

what can i do now any advice appreciated.

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Did they give you any explanation as to why you are not getting a new phone? Is the model which you had ordered out of stock? Or are they just saying that they will not replace your phone at all? Do they acknowledge the phonecall on Friday where they agreed to send you a new phone?

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It is the definition of 'new'. Your phone is being replaced not under SOGA (Sale of Goods Act) but with an 'as new' refurbished replacement. As to it 'being the same' not necessarily - these 'known problems' seldom mean anything after the next firmware update, so any replacement may well have resulted in a phone that worked fine.

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